[Federal Register: November 19, 2002 (Volume 67, Number 223)]
[Presidential Documents]
[Page 69983-69986]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no02-159]
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Part VII
The President
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Executive Order 13276--Delegation of Responsibilities Concerning
Undocumented Aliens Interdicted or Intercepted in the Caribbean Region
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 69985]]
Executive Order 13276 of November 15, 2002
Delegation of Responsibilities Concerning
Undocumented Aliens Interdicted or Intercepted in the
Caribbean Region
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 212(f) and 215(a)(1) of the
Immigration and Nationality Act, as amended (8 U.S.C.
1182(f) and 1185(a)(1)), and section 301 of title 3,
United States Code, and in order to delegate
appropriate responsibilities to Federal agencies for
responding to migration of undocumented aliens in the
Caribbean region, it is hereby ordered:
Section 1. Duties and Authorities of Agency Heads.
Consistent with applicable law,
(a)(i) The Attorney General may maintain custody,
at any location he deems appropriate, of any
undocumented aliens he has reason to believe are
seeking to enter the United States and who are
interdicted or intercepted in the Caribbean region. In
this regard, the Attorney General shall provide and
operate a facility, or facilities, to house and provide
for the needs of any such aliens. Such a facility may
be located at Guantanamo Bay Naval Base or any other
appropriate location.
(ii) The Attorney General may conduct any screening
of such aliens that he deems appropriate, including
screening to determine whether such aliens should be
returned to their country of origin or transit, or
whether they are persons in need of protection who
should not be returned without their consent. If the
Attorney General institutes such screening, then until
a determination is made, the Attorney General shall
provide for the custody, care, safety, transportation,
and other needs of the aliens. The Attorney General
shall continue to provide for the custody, care,
safety, transportation, and other needs of aliens who
are determined not to be persons in need of protection
until such time as they are returned to their country
of origin or transit.
(b) The Secretary of State shall provide for the
custody, care, safety, transportation, and other needs
of undocumented aliens interdicted or intercepted in
the Caribbean region whom the Attorney General has
identified as persons in need of protection. The
Secretary of State shall provide for and execute a
process for resettling such persons in need of
protection, as appropriate, in countries other than
their country of origin, and shall also undertake such
diplomatic efforts as may be necessary to address the
problem of illegal migration of aliens in the Caribbean
region and to facilitate the return of those aliens who
are determined not to be persons in need of protection.
(c)(i) The Secretary of Defense shall make
available to the Attorney General and the Secretary of
State, for the housing and care of any undocumented
aliens interdicted or intercepted in the Caribbean
region and taken into their custody, any facilities at
Guantanamo Bay Naval Base that are excess to current
military needs and the provision of which does not
interfere with the operation and security of the base.
The Secretary of Defense shall be responsible for
providing access to such facilities and perimeter
security. The Attorney General and the Secretary of
State, respectively, shall be responsible for
reimbursement for necessary supporting utilities.
(ii) In the event of a mass migration in the
Caribbean region, the Secretary of Defense shall
provide support to the Attorney General and the
Secretary
[[Page 69986]]
of State in carrying out the duties described in
paragraphs (a) and (b) of this section regarding the
custody, care, safety, transportation, and other needs
of the aliens, and shall assume primary responsibility
for these duties on a nonreimbursable basis as
necessary to contain the threat to national security
posed by the migration. The Secretary of Defense shall
also provide support to the Coast Guard in carrying out
the duties described in Executive Order 12807 of May
24, 1992, regarding interdiction of migrants.
Sec. 2. Definitions. For purposes of this order, the
term ``mass migration'' means a migration of
undocumented aliens that is of such magnitude and
duration that it poses a threat to the national
security of the United States, as determined by the
President.
Sec. 3. Scope.
(a) Nothing in this order shall be construed to
impair or otherwise affect the authorities and
responsibilities set forth in Executive Order 12807 of
May 24, 1992.
(b) Nothing in this order shall be construed to
make reviewable in any judicial or administrative
proceeding, or otherwise, any action, omission, or
matter that otherwise would not be reviewable.
(c) This order is intended only to improve the
management of the executive branch. This order is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or equity
or otherwise against the United States, its
departments, agencies, entities, instrumentalities,
officers, employees, or any other person.
(d) Any agency assigned any duties by this order
may use the provisions of the Economy Act, 31 U.S.C.
1535 and 1536, to carry out such duties, to the extent
permitted by such Act.
(e) This order shall not be construed to require
any procedure to determine whether a person is a
refugee or otherwise in need of protection.
(Presidential Sig.)B
THE WHITE HOUSE,
November 15, 2002.
[FR Doc. 02-29580
Filed 11-18-02; 11:24 am]
Billing code 3195-01-P